Possibility of receiving credit for overpayment of child support

[gzy039]

Hello,

I'm a newbie and this is my first post so I hope I get this right!

My husband is going through a nasty battle with his ex girlfriend over child support and access.

For the past 5 years he has overpaid child support as his income has dropped from when the child support was originally set, in 2004. He has overpaid a total of $7000-9000 depending on how far back the courts will go. The judge we had during the settlement conference was interested in seeing this breakdown so it seems to me as though it is possible he will get some credit for the overpayment??

Thoughts, and/or opinions please.

BTW..we are self represented and since I'm the computer person out of the 2 of us, I'm doing the paperwork required.

[representingself]

You're wasting you time, especially if you live at a higher standard of living than she does...

AND even if you don't you are still wasting you time.

There is no way a Judge will force her to pay back thousands of dollars if it puts ANY financial strain on the children/ their primary residence.

There is no way a Judge would reduce his monthly "Guideline" amount, if it would put ANY financial strain on the children/ their primary residence.

Also, the Judge is likely to put the onus on the child support payor to know his OWN income level, and the corresponding proper amount of child support....

He paid it...
What is his excuse for paying thousands more than he was supposed to?

If he doesn't have one, he better come up with a fantastic reason for it.. or he'll be mighty disappointed when it comes time to go to court.


If it was court ordered... then you're definitely screwed.....

Be prepard for BOTH of your incomes/standard of living - to come into play as well....yours, his, hers, her new spouse (if any).

Good Luck...

[toomuchstress]

Hi

I am interested in this as well, our lawyer says he has been waiting for a case of overpayment....
We have a business loss and have not adjusted the payment of CS to reflect that, but as the ex keeps looking to get more money, we have told her that the payments would be reduced to current line 150! Not looking for back pay, but as she wants a bigger piece of the pie, (see other posts re inheritance and going back to original order) But if she is looking for more, then we are looking for repayment!
Ideas?

[NBDad]

Money is gone, kiss it goodbye.

Get yourself an ammendment to the existing order ASAP....one that indicates support to be based on the previous years income tax return (line 150).

That will account for any changes in income.

Be prepard for BOTH of your incomes/standard of living - to come into play as well....yours, his, hers, her new spouse (if any).

The above statement is ONLY true if one side or another is making a claim for undue hardship. Otherwise it's strictly him/his ex's incomes that are measured against each other. Probably not terribly relevant.

What kind of access does he currently have? Is it within the so called 60-40 rule?

[toomuchstress]

Thank you!
Our issue is really big, as she has filed intent to file for back CS right back to original order, as well as future expenses and is fighting the business.
He has the kids 4days or less a month now. It was very hard on him, she was really angry about money issues and then decided to tell the kids that the Weds nites were just not important as we didn't do anything special each Wed evening, so she had the kids tell us they didn't want to come out anymore. Mondays were given up as well for sports and other issues. So if they come out for a weekend, we just let them decide, funny thou in her lawyers papers, it seems we are to blame for that as well because of where we live, about 20 minutes from town, and another 15 to where they live.
I can see the damage has been done to their relationship with their Dad, and the only reason they like to come out is so they can play on computer, and now the Xbox that we got them for xmas.
I just want them to settle, and have a thought as to setting up a trust for the kids, and having a third party decide what extra expenses should be paid for, as well as any thing left in the trust would go to the child at age 25.
Ideas?

[dadtotheend]

Do NOT accept lame ass excuses about why the Wednesday or Monday should be dropped. Reinstate that access yesterday.

Kids say things in the house that they are in at the time that they don't really mean and selfish, short-sighted non-child centred parents twist those statements to suit their own needs.

The kids need the other parent. Kids don't need the access time to be doing ``anything special`` with their parent. They simply need to be with both parents - lots. Period.

Reinstate that access. Yesterday.

[toomuchstress]

Well, don't think that is going to happen, but let this be there for others, do not give up your time with your kids, no matter what they say, just say you will work it out and do that.

[gzy039]

The child support amount was not changed as it would have meant going back to court to do so. He was seeing his child at the time therefore it wasn't a big deal.

As soon as we were engaged he was no longer allowed to see his daughter, one excuse after another. Parental alienation. It is at the point now where it appears that the daughter completely hates us both; the OCL is involved, we go to trial management in early March.

Once we were engaged she thought she could get more money from him. But his income had gone down, not increased since it was set in 2004. Since she is trying to receive more child support, we countered with trying to receive the overpayment. Truly at this point, we just want it set at the guidelines but this has been outstanding since October of 2008 as the court system is just wonderful! Sense the sarcasim?

She has 2 children in total (one is my husbands) and over the past 5 years she has earned an average of $5000 per year. We have an email from her that states she is a kept woman. We know that she shoplifts to support herself and does whatever else to maintain a new vehicle, 2 or 3 trips a year and designer clothes.

I hope the courts will see that no one can sustain themselves on such little income but I think you are right that we will see nothing of that over payment as it would harm the kids (even though it wouldn't in that she is supporting herself somehow).

For the record, my husband only pays $400 a month for his daughter and she receives no child support for the other child.

[NBDad]

Give her the table amount, based off his previous years income tax return (line 150) and not a penny more. (if you overpay willingly, it'll become court ordered, however if you are making the table amount willingly, no judge in his right mind is going to give her any more than that)

Offer 50% of "special expenses" (ie. glasses, braces, etc) as long as receipts are provided. (until otherwise determined by court order)

She has 2 children in total (one is my husbands) and over the past 5 years she has earned an average of $5000 per year. We have an email from her that states she is a kept woman.

You can push for the judge to have an income assigned to her. If she is denying access to the child, the judge will take a rather dim view of that. Courts HATE when one parent denies access. Get an order clearly stating his access times. Request that the custody exchange be done at a public location an equal distance from your home and his. (A Tim Horton's or something is always a good one) Push for 40% access. (Basically every weekend and 2 evenings a week).

We know that she shoplifts to support herself and does whatever else to maintain a new vehicle, 2 or 3 trips a year and designer clothes.

Unless you can prove these claims (ie. she's been arrested for it) then this is not relevant information. Stick to facts that you can back up.